Patna High Court
SHEKH SERAJUL @ SHEKH SARARULversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated under Section 394 CrPC (Section 435 B.N.S. 2023) as no application for leave to continue was filed.
Summary
The appellant, Shekh Serajul, died while his criminal appeal was pending before the Patna High Court. The Superintendent of Police and the S.H.O. submitted a report and death certificate confirming his death. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the Court held that the appeal stands abated and ordered the trial court records to be sent back. The appeal was therefore disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no relative applies for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1040 of 2009
======================================================
Shekh Serajul @ Shekh Sarajul, Son of Late Shekh Madad, Resident of
Village-Parsauni, Police Station-Sathi, District-West Champaran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 517 dated 30.04.2026 of the
Superintendent of Police, West Champaran, Bettiah along with
the report of S.H.O., Sathi Police Station dated 30.04.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Shekh Serajul @ Shekh Sarajul has died.
Death certificate of appellant issued by Department of Planning
and Development, Government of Bihar, Patna has also been
enclosed with the said report.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.1040 of 2009(3) dt.11-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
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